Bill 329 had its public hearing yesterday, with testimonies opposed to the bill which would terminate the Department of Public Works issuance of a contract for International Bridge Corporation to build John F. Kennedy High School. The bill would also require DPW to issue a new request for proposal for a new school facility.
Senator Frank Aguon Jr., sponsor of the bill, said yesterday that ongoing challenges -- including one company filing with the Superior Court of Guam to open the procurement documents for their review and the intention to file a lawsuit against the government of Guam on the procurement selection process -- could further delay the construction of a new high school for over a year.
The protesting company is the Guam Community Improvement Foundation.
The bill calls for re-initiating the procurement process through an achievable timetable for final completion of the project. The bill identified $40 million to build the school.
Marc Pido, a 1979 JFK alumnus and president of the JFK parent-teacher association, testified against the bill, saying that the bill does not guarantee that others will not protest even if a new RFP is issued.
DPW Acting Director Andy Leon Guerrero testified against the bill, stating that it was already determined that DPW complied with all procurement laws, rules and regulations and that the Office of the Attorney General determined that all components of the request for proposal was in compliance and are of legal standing. Even then, it does not make the procurement process protest-free, said Leon Guerrero.
Even if the existing RFP were cancelled and a new RFP were issued, there is no guarantee that a protest will not occur, said Leon Guerrero.
“We are so close to wrapping up the negotiations with the GCIF group and their protest. It would be prudent for the government to see this through. At the same time, it sets precedence and protects the integrity of the procurement process,†said Leon Guerrero.
The bill identifies $40 million in funding from the Solid Waste Management System Bond, subject to the approval of the government of Guam’s 2009 financing loan and grant application with the U.S. Department of Agriculture and the concurrence by the District Court of Guam.
